State v. Dowdy

DANIEL E. SCOTT, Chief Judge.

Neil Dowdy (“Defendant”) was charged with second-degree murder, armed criminal action, and unlawful use of a weapon for possessing a firearm while intoxicated. Defendant moved to suppress the results of a warrantless breath test of his blood alcohol content on the grounds that the search and seizure violated his federal and state constitutional rights.1 *869Following a hearing, the trial court granted Defendant’s motion and suppressed the evidence because:

Absent case authority from the U.S. Supreme Court or an appeals court in Missouri approving the taking of a blood…